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6721489 Easement, Drainage 07/02/2018 10:58:34 AM 6721489 Recording Fee $102.00 Page 1 of 4 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington AIM I1l1II_IIIIIIIIIIl IIII lII111L111111I1111I III1I 1111111L _ AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E.Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s):Mountain Crest Enterprises,Inc. _ Grantee:Government,City of Spokane Valley Abbreviated Legal Description:EAST SPOKANE ADD& SEEHORNS SUB OF W1/2 BLK 9W1/2 LT 6 ALL LTS 7-12&W1/2 LT 13 BLK 2 TOGETHER WITH VAC ALLEY ADJ TO SD LTS Assessor's Tax Parcel Number(s): 35132.0926 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,Washington DRAINAGE EASEMENT IN THE MATTER OF Fancher Road(City of Spokane Valley Project No.EGR-2017-0062,hereinafter referred to as the"project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),Mountain Crest Enterprises,Inc.,for and in consideration of mutual benefits,the receipt of which is hereby acknowledged,warrants and conveys to City of Spokane Valley,a municipal corporation of the State of Washington,an DRAINAGE EASEMENT over,upon,and across the following described real property,situated in the City of Spokane Valley, Spokane County, State of Washington,to-wit: BOONE AVENUE DRAINAGE EASEMENT Situate in Lot 9,Block 2 of SEEHORN'S SUBDIVISION OF WEST HALF OF BLOCK 9,EAST SPOKANE,as per plat thereof recorded in Volume"Q"of Plats,Page 9,being in the Southwest Quarter of the Northwest Quarter of Section 13,Township 25 North,Range 43 East,W.M., Spokane County, Washington,being more particularly described as follows: Commencing at the East end of the Southeast Right of Way Dedication AFN#6692992 at the intersection of Boone Avenue and Fancher Road,being a 1/2"rebar with cap marked"WITTER LS44654",as set under RECORD OF SURVEY filed in Book 171 of Surveys,Page 20,under Auditor's Certificate 6715603;said point being the TRUE POINT OF BEGINNING of said Drainage Easement;thence S89°00'55"E,along the North line of said Lot 9,a distance of 16.85 feet to a point;thence S0°28'46"W, a distance of 6.00 feet to a point;thence N89°00'55"W,a distance of 11.00 feet to a point;thence S0°28'46"W,a distance of 8.00 feet to a point;thence N89°00'55"W,a distance of 22.71 feet to its intersection with said Southeast Right of Way being in a non-tangent curve at the intersection of Boone Avenue and Fancher Road;thence along said curve having a 17.00 foot radius,an arc length of 23.69 feet, with a central angle of 79°50'09",(chord bearing and distance ofN51°04'01"E,21.82 feet),to the POINT OF BEGINNING; R.E.Excise Tax Exempt Date —7/Z 20 1 S Spokan ounty Treas. Containing 325 sq.ft.,more or less. DESMET AVENUE DRAINAGE EASEMENT Situate in Lot 10,Block 2 of SEEHORN'S SUBDMSION OF WEST HALF OF BLOCK 9,EAST SPOKANE,as per plat thereof recorded in Volume"Q"of Plats,Page 9,being in the Southwest Quarter of the Northwest Quarter of Section 13,Township 25 North,Range 43 East,W.M., Spokane County, Washington,being more particularly described as follows: Commencing at the East end of the Northeast Right of Way Dedication AFN#6692992 at the intersection of Desmet Avenue and Fancher Road, being a 1/2"rebar with cap marked"WITTER LS44654",as set under RECORD OF SURVEY filed in Book 171 of Surveys,Page 20,under Auditor's Certificate 6715603;said point being the TRUE POINT OF BEGINNING of said Drainage Easement;thence S88°56'15"E,along the South line of said Lot 10, a distance of 6.17 feet to a point;thence N0°28'46"E,a distance of 22.00 feet to a point;thence N88°56'15"W, a distance of 23.00 feet to its intersection with said Northeast Right of Way;thence S0°28'46"W,a distance of 5.17 feet to the point of curvature;thence along said curve to the left,concave to the Northeast having a 17.00 foot radius,an arc length of 26.53 feet with a central angle of 89°25'01",(chord bearing and distance of S44°13'45"E,23.92 feet), to the POINT OF BEGINNING; Containing 445 sq.ft.,more or less. The Drainage Easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents,and to the public for drainage purposes,including but not limited to allowing stormwater drainage and/or runoff over and across the above-described real property,including but not limited to disposal into a drainage facility located within the same above-described real property. The Grantor(s)or their successors in interest hereby agree not to obstruct,artificially collect or discharge the flow across or adjacent to the above-described real property. The Grantor(s)or their successors in interest agree that the City of Spokane Valley has no responsibility for maintaining this Easement. The Grantor(s)or their successors in interest hereby agree to having complete and total responsibility for the construction of all related drainage facilities located within this Easement,per the accepted civil and drainage plans on file in the office of the Development Engineering Division,including but not limited to all drainage facilities necessary to convey,direct or route the stormwater and/or runoff to said drainage facility or facilities. The Grantor(s)or their successors in interest hereby agree to having complete and total responsibility for the perpetual maintenance of the facilities located within this Easement. In addition, the Grantor(s)or their successors in interest agree to and,shall maintain the drainage area with permanent live ground cover,which may include shrubbery and/or trees,so long as they do not obstruct the flow and percolation of stormwater drainage and/or runoff. If the Grantor(s)or their successors in interest fail to maintain said facilities,a notice of such failure may be given to the Grantor(s)or their successors in interest. If not corrected within the period indicated on said notice,the City of Spokane Valley has the right to correct the maintenance failure,or have it corrected,at the expense of the Grantor(s)or their successors in interest. Such expenses,if not paid within 60 days of notification,may be filed with the County Auditor as a lien against the real property. The Grantor(s)or their successors in interest hereby release the City of Spokane Valley,and all of its officers,employees and agents from any responsibility or liability for any damage whatsoever,including but not limited to inverse condemnation by or to any and all persons or property arising out of or in any way incident to or attributable to the stormwater drainage and/or runoff within this Easement. This Easement and the agreements and duties provided for herein shall run with the land and shall be binding on,and shall inure to the benefit of the parties references herein,their heirs,successors and assigns. No modification of the boundaries of this Easement can be made without prior approval of the v a City of Spokane Valley. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this day of J 1/4 e. ,2018. Grantor s):Mountain Crest Enterprises,Inc. Grantee: 6a - at!/t By: Cxv 2v GZz�U�v By: /'//2�_ . y G'l/ Title: • F. Title: 0/117Zni 1n..e. STATE OF WASHINGTON ) COUNTY OF SPOKANE ) CITY OF SPOKANE VALLEY) ss I certify that I know or have satisfactory evidence that Uc v Ia+ (re, ,Grantor, is/are the individual(s)who appeared before me,and who acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated this I date of J't 4 ,20/f 0111111,4�/ P E TF i, .517 (GP.rs4oN ,�,�d 1961"0 NOTARY PUBLIC QQ;.���5 l��e 2 In and for the State of Wasgtoo, Q ( TP �, Residing at,S,4ok- ,t Oct/(c y 1� t = My appointment expires: 6 UBU0 : z i•;gT�.. 8-26'o';ti�• C1 OF w ? ``` V EXHIBIT A DRAINAGE EASEMENTS SITUATE IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 25 NORTH,RANGE 43 EAST WILLAMEI h MERIDIAN,SPOKANE COUNTY, WA I _ BOONEANIDE RIGHT-OF-WAY S89'00'S5"E RIGHT OF WAY CENTERLINES DEDICATED AFN 6692992 o M POV 16.85' B L=23.69' �Sb'28'46"W `' R=17.00' � N89'00 55 W j 6.00' A=79.50'09" _ I 11.00' V CHORD S51'04'01"W, 21.82' o N o L.1_, N89'00'S5"W �I 9 BLOCK2 22.71' / LIMITS OF DRAINAGE -.-A 32' APN13732.0926 EASEMENT / 1$ S' F. h'f 32' APN3S1320926 LIMITS OF ,�,�+ t,-`4V4 DRAINAGEe N88'56'15"W EASEMENT � : a 23.00' o ' � Q \ 44654 y, /�.SO'28'46"W `�slNAl.:.... i % �� 5.1T LOT 10 .. Ito L ® � L=26.53' w BLOCK 06/18/18 R=17.00' .d o &=89'25'01" N N V CHORD S44'13'45"E, 23.92' z N ail _ POB RIGHT-OF-WAY DEDICATED AFN 6692992 oS88'56'15"E GRAPHIC SCALE RIGHT-OF-WAY r7 6.17' 0 5 10 20 CENTERLINES DEsrArENrh _1 I Inch-20 It